Observation (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Venezuela (République bolivarienne du) (Ratification: 1968)

The Committee takes note of the Government's report and the provisional conclusion of the Committee on Freedom of Association concerning Case No. 1612 (290th report, paragraphs 14-34, approved by the Governing Body at its 256th Session, May 1993).

The Committee recalls that its previous comments referred to the following points:

- the possibility for collective agreements to be concluded between organizations of civilian staff employed by the armed forces and independent institutions and state enterprises dependent on the Ministry of Defence (sections 7 and 8 of the Organic Labour Act);

- more effective and dissuasive penalties for acts of anti-union discrimination and interference (sections 637 and 639 of the Organic Labour Act).

The Committee notes that the Organic Labour Act does not apply to military staff but does apply to civilian personnel working for the Ministry of Defence and in independent institutes or enterprises dependent on the Ministry.

The Committee asks the Government to provide information on unions that have been established and collective contracts that have been concluded, that concern the above-mentioned civilian personnel.

The Committee furthermore again asks the Government to consider adopting measures to ensure that the penalties applying to acts of anti-union discrimination and interference (sections 637 and 639 of the Organic Act), are sufficiently effective and dissuasive.

The Committee expresses the hope, as did the Committee on Freedom of Association in Case No. 1612, that the Government will take the necessary measures, in consultation with the social partners, to allow workers, in the absence of an organization, to conduct without hindrance voluntary and free collective negotiations, if both parties so wish.

The Committee asks the Government in its next report to provide information on measures taken in this respect.